The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-09-22
-An.xer1 - puuruRoNs ~ TN
gUPRRWB COUNT - 1ko0xDA.


TAe Gsaraates Truss and SAFE Dsposit Com
pany Ct a., Appellant ". Buddingtoo, WI
eou q Couoeny, ct AZ, Appellees-Olay
csaaty-0a melton 10 dismiss appeal.
RANKY, J.:
l. A citation issued BY Clerk Of . Circuit
Court on an appeal In chancery b . process Of
the Supreme Court, and not Of the Circuit Court,
and il should 30 tested in the name Of the Chief
Justice Of the latter court and not in the name
Of the Clerk Of the former court
Q. Tho style Of process. and tssts Of writs arc
matters Of form and amendable.
s. A party who may b aggrieved by decree
in his separate Interests, or several parties who
may be 90 aggrieved - to their united interests,
may take, the former his separate appeal, and
other parties adjudged against by the came do
cree but not united in interest 10 the matter de-
creed ~ 10 the party or parties appealing.
When such an appeal b taken It ID not
necessary to cite a. appellees party whose in
teresss will not be Affected by any decree which
may be made as TO the interests Of such appel
lants-
s. The names of all the parties as to whom
any decree or relief is sought on the appeal
should appear in the citation. Ii they do ap-
pear the use of general or indefinite expressions
in the citation Is descriptive OF such parties
will not vitiate it.
g. Though the appointment by . sheriff OF q
authority TO do any oficial act that the former
ma do, except the appointment of deputy, and
any arrangement between such sheriff and dep
uty by which the latter is not TO perform certain
official functions is repugnant TO the nature oil
the deputation and void as to the public. yet q
sheriff may appoint q special deputy to serve q
process in q certain county, and such appoint.
ment will not confer authority to serve it else
where.
Z. Service Of writ by an officer having nc
authority, as such. TO make the service, cannot
be sustained upon the theory that he was at the
time the deputy of the officer whose duty ii wa
10 serve it. when the former had at the time nc
information Of the latters intention to deputize
him to do it
8. Service Of the citation in chancery appeal
on appellee therein by delivering . true copy
to member of his family in accordance with
the statute regulating the service Of summon.
Gd resp0ndendum il net q legal service under the
rule and statute prescribing the manner for ser
vice of such citation, where il 10 shown that the
appellee was out OF the State at the time the
copy was delivered 10 the member OF his family
9. Where an appeal in a chancery cause has
been entered and citation issued to all parties in
terested in maintaing the Decree in 30 far as II
affects the interests of the parties appealing, and
there has been service thereof, prior TO the term
of the appellate court 10 which the appeal is 70
tnrnable, on one or more of such arpellees, the
failure to make legal service on the others does
not vitiate the appeal. and the appellate court
may issue new citation returnable to its succeed
ing term.
Motion to dismiss appeal denied
Fleming Daniel and A. w. Cockrell & Son
for motion; 81, Bisbee, contra.
Marcus Conant, Appellant. vs.. August Buesng
Appellee-Duval county.
MAXWELL, c. j.:
l. Equity will set aside deed to land req
ular in form but void in fact, as against the
valid title OF one in possession where the claim
ant under the deed insists that 1t is good, but
refrains from suit to test the title. This is done
under the rule for removal Of q cloud upon title
the true owner having no remedy at law
2. A sale of land for taxes which have been
paid by the owner is illegal, and deed in pursu-
aDce OF such sale is void.
8. G. owned q lot of land which he sold to n
in January, 1877. The land was assessed to c.
for the taxes Of that year. H. paid the taxes but
the Collector sold the land Notwithstanding. and
. deed in regular course under such sale was
made to Co.. Held, That the deed is void
L. B. has valid title 10 a small parcel of land.
on which there is no house or enclosure q. un.
der B. cuts wood and works round orange trees
on the land: Held, That under our statute, and
in the absence of assertion of possession in any
one else, b. has possession sufficient to maint ain
suit TO remove q cloud upon his title.
Affirmed.
Geo. Wheaton Deans, for Appellant; A. w
Cockrell & Son, for Appellee.